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PEOPLE v. AVANT

Docket No. 206321.

597 N.W.2d 864 (1999)

235 Mich. App. 499

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Earl AVANT, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 14, 1999, at 9:05 a.m.

Released for Publication August 9, 1999.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Angela Pasula, Prosecuting Attorney, and Elizabeth A. Wild, Assistant Prosecuting Attorney, for the people.

David M. Hartsook, Brighton, for the defendant on appeal.

Before: WHITBECK, P.J., and MARK J. CAVANAGH and RICHARD ALLEN GRIFFIN, JJ.

MARK J. CAVANAGH, J.

Defendant Timothy Avant appeals as of right his jury trial convictions of felonious assault, M.C.L. § 750.82; MSA 28.277, and possession of a firearm during the commission of a felony, M.C.L. § 750.227b; MSA 28.424(2). The trial court sentenced defendant as an habitual offender, second offense, M.C.L. § 769.10; MSA 28.1082, to a term of one to six years' imprisonment

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